Davis v. Westgate Planet Hollywood Las Vegas, LLC et al

Filing 521

ORDER Granting 520 Status Report. All proceedings are STAYED and the Parties' deadline to submit a joint motion to approve the Settlement Agreement is on or before 4/2/12 Signed by Chief Judge Robert C. Jones on 3/20/12. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:08-cv-00722-RCJ -PAL Document 520

Filed 03/13/12 Page 1 of 3

1 JAMES E. SMYTH II
Nevada Bar No. 6506
2 Kaempfer Crowell Renshaw Gronauer & Fiorentino
3 8345 West Sunset Road, Suite 250
Las Vegas, Nevada 89113
4 Tel: [phone]
Fax: [phone]
5 Website: www.kcnvlaw.com
6 Email: [e-mail]
7
RICHARD W. EPSTEIN
8 MYRNA L. MAYSONET
9 BRANDON J. HILL
(Admitted Pro Hac Vice)
10 GREENSPOON MARDER, P.A.
Trade Center South, Suite 2700
11
100 West Cypress Creek Road
12 Ft. Lauderdale, Florida 33309
[e-mail]
13 [e-mail]
[e-mail]
14
Attorneys for Defendants
15
UNITED STATES DISTRICT COURT
16
DISTRICT OF NEVADA
17 THOMAS DAVIS III, RICK BRUNTON,
18 LOIS TIGER and EMMANUEL WIEST
individually and on behalf of all others
19 similarly situated,
20
21
22
23
24
25
26
27
28

) Docket # 08-CV-S-722-RCJ-PAL
)
)
)
)
)
)
Plaintiffs,
) ORDER
)
SUPPLEMENTAL NOTICE OF
vs.
) SETTLEMENT AND STATUS REPORT
)
WESTGATE PLANET HOLLYWOOD LAS )
)
VEGAS, LLC., WESTGATE RESORTS
)
INC., WESTGATE RESORTS LTD., CFI
)
SALES & MARKETING, LTD., CFI SALES )
& MARKETING, LLC., CFI SALES &
)
MARKETING, INC., and “John Doe” entities )
)
1 to 25, name and number unknown,
)
)
Defendants.
)
)

Case 2:08-cv-00722-RCJ -PAL Document 520

Filed 03/13/12 Page 2 of 3
Case No. 2:08-cv-00722-RCJ-PAL
Supplemental Notice of Settlement
and Status Report

Defendants, Westgate Planet Hollywood Las Vegas, LLC, Westgate Resorts, Inc.,
Westgate Resorts, Ltd., CFI Sales & Marketing, Ltd., CFI Sales & Marketing, LLC and CFI
Sales & Marketing, Inc. (“Defendants”), and Plaintiffs (collectively “the Parties”), pursuant to
Local Rule 6-1, by and through their attorneys of record, file this Supplemental Notice of
Settlement and Status Report, as set forth below:
1.

The Parties have reached a complete settlement of the FLSA claims pending

before this Court.
2.

The Parties have diligently worked on drafting and finalizing the Settlement

Agreement identifying the terms of the settlement as well as the Motion to approve the
settlement.
3.

However, the parties have been informed of a number of logistical issues which

will require a brief extension of fourteen (14) days to file their Motion for Approval. First,
Plaintiffs’ expert has not finalized the damage allocation list for approximately 685 opt-in
Plaintiffs, which is a crucial component of the Stipulation of Settlement. Additionally, the four
Named Plaintiffs are required to execute the Settlement Agreement but have relocated and it is
taking longer than expected to secure their signatures.
4.

While the Parties are mindful of the Court’s duty to manage its trial docket, it

would be detrimental for everyone involved to not allow the Parties an additional fourteen (14)
days to finalize and submit their Settlement Agreement for approval by the Court, up to and
including March2, 2012.
April 29, 2012.
WHEREFORE, the Parties respectfully request all all proceedings be stayed for an
WHEREFORE, the Parties respectfully request that thatproceedings be stayed, making the
Parties' deadline to submit a joint motion to approve the Settlement Agreement on or before
additional April 2, 2012.
Monday, fourteen (14) days, making the Parties’ deadline to submit a joint motion to approve
the Settlement Agreement March 29, 2012.
DATED this 13th day of March, 2012.
2

Case 2:08-cv-00722-RCJ -PAL Document 520

Filed 03/13/12 Page 3 of 3
Case No. 2:08-cv-00722-RCJ-PAL
Supplemental Notice of Settlement
and Status Report

Respectfully submitted,
By:

By:

/s/Jason J. Thompson
JASON J. THOMPSON
Sommers Schwartz, P.C.
2000 Town Center
Southfield, MI 48075
Admitted pro hac vice

March 20, 2012.
DATED: March ____,2012.

/s/ Myrna L. Maysonet
RICHARD W. EPSTEIN
(Admitted pro hac vice,
Florida Bar No.:0229091)
MYRNA L. MAYSONET
(Admitted pro hac vice,
Florida Bar No.: 0429650)
Greenspoon Marder, P.A.
201 E. Pine Street, Suite 500
Orlando, FL 32801
Attorneys for Defendants

IT IS SO ORDERED

_________________________________
_________________________________
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_ _
UNITED STATES DISTRICT
UNITED STATES DISTRICT COURT/
N
E
S
MAGISTRATE JUDGE

8616415 v1

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